Derivative Asylee help...

M

malam

Registered Users (C)
Hello All,

I need some help with derivative asylee questions..

My wife was in derivative asylee status. Her mother was the principal applicant. Their asylum was approved in 1997 and they filed for adjustment (485) in 1998/1999.
We got married in 2002. Her GC was approved on 2004, correctly backdated to 2003.

Reading the forums I have noticed that people have filed something called a nunc-pro-tunc application? Is this something my wife should have done ??

we are getting ready to file the I130 for myself (based on marriage)? Is there any issues we need to be aware of??

Thanks.
 
If she has her Green Card then no need for nunc-pro-tunc. The nunc-pro-tunc for people who aged out under principal asylee..

Regarding filing for your I-130 with your wife, you might need to find out from people on this forum about it because asylum status is kinda complicated but a green card is a green card so you should be fine...
 
From what I have understood about nunc-pro-tunc.. a derivative asylee needs to file this application when he/she cannot qualify as a derivative any more.

We did get married BEFORE her 485 was approved.. so technically she was not a minor when her 485 adjusted

Would USCIS revoke her gc because of this?? When we file the I130 we have to state the date and category of her GC. Or should we just ignore this technicality??

Thanks.
 
INS would have requested for her to fill out nunc-pro-tunc when her I-485 was pending but since she has her Green card then no problem at all..

On the other hand, you do have a point becuase AS6 is for Adjusted Principal Asylee while AS7 is spouse of AS6 now AS8 is a Child of AS6. ok since your woman fall under AS8 they might tell her to fill out the NUNC-PRO-TUNC(I-589) or they might just adjust her to AS6 and then you as the husband will now become AS7. It will not hurt checking with an experienced
ASYLUM LAWYER for consultation.
 
While searching this forum, I came across the affirmative asylum handbook..
as per that it states that a derivative who is no longer a derivative MAY not adjust status.. it doesnot say cannot .. so I am hoping that is good..

As for the AS8 bit, a derivative who files nunc-pro-tunc becomes a AS6, however they cannot support/sponsor a spouse or child. In order to do that they have to file for asylum under their own merit as opposed to their parent.

However, the handbook doesnot have any info on someone whose status has already adjusted.. anyone have any ideas or any more info on this???

I would appreciate the contact info for some good Asylum lawyers. Most of the lawyers, I have spoken to about this donot have a clear idea about asylum law.. i have even had one lawyer suggest that we get married again in a different state.. *sheesh*

Thanks
 
It was not your fault that this happened. Stop worrying. They make this kind of mistakes all the time. Go and enjoy life.
 
Malam,

I am sorry , can you post the link that says that a derivative asylee can not adjust status for spouse and child.. That does not make any sense at all so they are saying your wife should become a citizen then she files for you..
 
shefe said:
Malam,

I am sorry , can you post the link that says that a derivative asylee can not adjust status for spouse and child.. That does not make any sense at all so they are saying your wife should become a citizen then she files for you..
Click to expand...

I think you a bit confused …
Derivative Asylee is a spouse or a child of a principal Asylee.
What other spouse, already married man or woman might want to sponsor??
Also – if they have a child, he or she will be derivative as well, based on the principal approval.
Once derivative approved and then divorced and remarried or, in case of a child, just grow up and married – he or she can sponsor his/her spouse just like any other normal LPR. No need to wait for naturalization.

Now, by some miracle (a mistake of one of INS incompetent employee), Malam’s wife got her GC when she wasn’t eligible to. The proper way for them was to notify her about nunc-pro-tunc process and give her a chance to adjust as principal. INS didn’t catch she was married and they adjusted her as derivative – unmarried daughter. Well, it’s done now. I don’t think they will want to go backwards, cause troubles and especially INS won’t admit they made a mistake.
 
shefe said:
That does not make any sense at all so they are saying your wife should become a citizen then she files for you..
Click to expand...

She can file once she is a LPR.. not as an asylee (page 72-74 of the handbook)


Jane Green said:
I don’t think they will want to go backwards, cause troubles and especially INS won’t admit they made a mistake.
Click to expand...

Jane green, this is the part that worries me the most. When we file I130 for myself, we have to state when and how she got her LPR. INS doesn't and would not admit their mistake.. they would just put all the blame on us. . :(
 
malam said:
Jane green, this is the part that worries me the most. When we file I130 for myself, we have to state when and how she got her LPR. INS doesn't and would not admit their mistake.. they would just put all the blame on us. . :(
Click to expand...

I wish I had a good answer for you :( but I think you should be OK. It’s going to take about 3 to 5 years for her's I-130 to be approved and for you to be eligible to file I-485. She might as well be a US citizen by then and during your AOS interview they won’t bother with details of her case, which was approved long time ago, except for her current taxes and affidavit of support (for you). It’s going to be your case and all about you and your adjustment.
And even if they catch their mistake sooner, they wont’ take the GC from her. The worst case scenario – they might ask her to re-file nunc-pro-tunc and adjust her accordingly. But common sense tells me they won’t make her do it.
I’d say – go for it and let her file I-130 as soon as you ready. She is LPR and she is entitled to file for her husband. It’s hard to sit here and guess what INS might or might not do in your situation. Hopefully – nothing.
Good luck!!!!
 
Now this is a case that requires an expert. If i was in your shoes, i would find a lawyer not tomorrow but today..


Jane Green---thanks for clearing the air for me..
 
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